International Humanitarian Law Commons^™

Inter-American System, Claudia Martin

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Missed Opportunity: Congress's Attempted Response To The World's Demand For The Violence Against Women Act, Brenton T. Culpepper

Vanderbilt Journal of Transnational Law

The Supreme Court's decision in U.S. v. Morrison struck down, as a violation of the Commerce Clause, § 13,981 of the Violence Against Women Act, that provided a private right of action for victims of gender-motivated violence to assert against their abusers. However, § 13,981 should have been affirmed as implementing legislation designed to fulfill U.S. obligations under the International Covenant on Civil and Political Rights and customary international law. Recognizing § 13,981 as implementing legislation serves as a foundation for the United States to restore itself as a legitimate human rights leader capable of both appreciating its own international …

Introductory Note To The Supreme Court Of The United States: Noriega V. Pastrana, Kenneth Anderson

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Teaching International Law: Lessons From Clinical Education: Introductory Remarks, Richard J. Wilson

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Sustaining Tiered Personhood: Jim Crow And Anti-Immigrant Laws, Karla M. Mckanders

Vanderbilt Law School Faculty Publications

Latino immigrants are moving to areas of the country that have not seen a major influx of immigrants. As a result of this influx, citizens of these formerly homogenous communities have become increasingly critical of federal immigration law. State and local legislatures are responding by passing their own laws targeting immigrants. While many legislators and city council members state that the purpose of the anti-immigrant laws is to restrict illegal immigration where the federal government has failed to do so, opponents claim that the laws are passed to enable discrimination and exclusion of all Latinos, regardless of their immigration status. …

The Unspoken Voices Of Indigenous Women In Immigration Raids, Karla M. Mckanders

Vanderbilt Law School Faculty Publications

The voices of the most vulnerable populations often point towards social constructs in dire need of systemic change. The treatment of immigrant women in workplace raids exemplifies this concept. Over the last couple of years, Immigration and Customs Enforcement, a division of the Department of Homeland Security, has executed several workplace raids to deport undocumented immigrants who are unauthorized to work in this country. When discussing workplace raids, most news articles focus on the mass deportation of men, this paper will take a different perspective, and examine indigenous immigrant Guatemalan women’s stories in migrating to the United States, seeking employment …

"Lawfare" In The War On Terrorism: A Reclamation Project, Melissa A. Waters

Scholarship@WashULaw

In the nine years since Major General Charles Dunlap first coined the term, “lawfare” has strayed considerably from its non-partisan, ideologically neutral origins. Nowhere is this clearer than in the war on terror, where the term is often used as a pejorative label by political pundits who decry as “lawfare” virtually any attempt to apply the rule of law to the conduct of the United States’ war on terror. This essay considers the prospects for reclaiming “lawfare” as a useful term in the war on terror. It explores various conceptions of the term, noting that a more ideologically neutral usage …

The Ruggie United Nations Principles Framing International Indigenous Human Rights, Steven Ferrey

Suffolk University Law School Faculty Works

At the request of the editors of the Transnational Law Review, I have been asked to introduce a triad of articles addressing corporate and nation-state responsibility for human rights during infrastructure and resource development. New conflicts have arisen around international commerce. The overarching question raised by these articles is: to what degree, when doing business-as-usual in a country that has not implemented protection of human rights as part of domestic law, do other frameworks and guidelines impose legal obligations or liability on those conducting economic activity?

Portraits Of Women At Nuremberg, Diane Marie Amann

Scholarly Works

This essay reflects ongoing research that investigates women who played roles in war crimes trials at Nuremberg, Germany, and situates those women within the context of social developments during the post-World War II era. Based on an autumn 2009 presentation at the Third International Humanitarian Law Dialogs, the essay builds upon the “Women at Nuremberg” series posted at IntLawGrrls blog. The essay mentions women who were defendants, journalists, or witnesses; however, it focuses on some of the women, mostly Americans, who served as prosecutors at Nuremberg.

Forced Marriage As A Harm In Domestic And International Law, Catherine Dauvergne, Jenni Millbank

All Faculty Publications

This article reports on our analysis of 120 refugee cases from Australia, Canada, and Britain where an actual or threatened forced marriage was part of the claim for protection. We found that forced marriage was rarely considered by refugee decision makers to be a harm in and of itself. This finding contributes to understanding how gender and sexuality are analysed within refugee law, because the harm of forced marriage is experienced differently by lesbians, gay men and heterosexual women. We contrast our findings in the refugee case law with domestic initiatives in Europe aimed at protecting nationals from forced marriages …

Richard Burchill On Synergies In Minority Protection: European And International Law Perspectives. Edited By Kristin Henrard And Robert Dunbar. New York: Cambridge University Press, 2008. 462pp., Richard Burchill

Human Rights & Human Welfare

A review of:

Synergies in Minority Protection: European and International Law Perspectives. Edited by Kristin Henrard and Robert Dunbar. New York: Cambridge University Press, 2008. 462pp.

Christina M. Cerna On Universal Periodic Review Of Human Rights: Towards Best Practice. Edited By Purna Sen. London: Commonwealth Secretariat, 2009. 138pp., Christina M. Cerna

Human Rights & Human Welfare

A review of:

Universal Periodic Review of Human Rights: Towards Best Practice. Edited by Purna Sen. London: Commonwealth Secretariat, 2009. 138pp.

Migrant Workers In Saudi Arabia, Sarah Jessup

Human Rights & Human Welfare

One of the wealthiest countries in the Middle East, the Kingdom of Saudi Arabia is also one of the largest exporters of oil, and as such, one of the most influential in the region. Despite this, more than 50 per cent of the work force (nearly 6 million people) in the Saudi Arabia are migrant workers (FIDH, 2003, 3). They contribute billions of dollars each year to their home countries through remittances. With such a large population hailing from outside the Kingdom, it would seem that transnational migrants would have a larger voice in the rights and freedoms they are …

The Materialization Of Human Trafficking In The Middle East And Impediments To Its Eradication, Mindy Mann

Human Rights & Human Welfare

As a continental hub that connects Asia, Africa, and Europe, the Middle East offers a strategic location for the trafficking of persons from poor to richer states. Extreme poverty, coupled with the corporate and royal wealth of the Gulf States, creates a regional dichotomy in which Middle Eastern states serve as ‘source,’ ‘transit,’ and ‘destination’ countries for human trafficking. Discrepancies in defining human trafficking within the region, as well as the controversial and illicit nature of the practice, cause research to be sparse and with very few first-hand sources. Nevertheless, this paper examines available literature on the subject and addresses …

The Loss Of Egypt’S Children, Cindy Ragab

Human Rights & Human Welfare

Under the fierce rays of the desert sun, in the heat of the summer, young children are forced to remove pests from cotton crops for eleven hours per day, search for recyclable goods among animals and the pungent stench of city dumps, and are sold to elderly male tourists through temporary marriages by their parents. This is the hideous reality for millions of child laborers in Egypt. Child labor is a manifestation of the pains of extreme poverty on the world’s most vulnerable population. Childhood is lost. Children are forced to take on responsibilities that in normal circumstances push adults …

Income Inequality And Poverty In Iran, Katie Susman

Human Rights & Human Welfare

Income inequality is a hindrance to the global fulfillment of human rights, as acknowledged in the Universal Declaration of Human Rights. The Middle East North Africa (MENA) region is experiencing a steady increase of economic disparity. The impact of the global economic environment and the 2008 recession has brought to the forefront the region’s economic reliance on the rest of the world. As a result, a triple “food-fuel-financial” crisis has emerged. This will undoubtedly affect the most impoverished part of the population and could potentially exacerbate the gap between the poor and the rich.

Political Repression And Islam In Iran, Amy Kirk

Human Rights & Human Welfare

Signs with the slogan, ‘I am Neda’, flooded the streets of Tehran in the violent aftermath of the 2009 presidential elections and assassination of Neda Agha-Soltan. The internationally publicized video of Neda’s death became an iconic rallying point for the reformist opposition in Iran. Stringent clampdowns since the 1979 revolution have signified a sociopolitical change that has endured for three decades. President Khatami’s reform efforts of the late 1990s were stifled by Ahmadinejad’s election of 2005. Since Ahmadinejad’s appointment there has been little official tolerance for political and fundamental Islamic dissent, leading to serious human rights violations against the reformist …

Rights And Rebuilding In El Salvador: A Case Study In Two Parts, Elaine K. Denny, Susan Waltz

Human Rights & Human Welfare

In January 2007, on the 15th anniversary of the signing of the peace accords that ended 12 years of civil war and grave human rights violations in El Salvador, UN Secretary General Ban Ki-moon praised El Salvador as a model for other countries emerging from conflict: “The groundbreaking accords signed in Mexico City in January 1992 not only set El Salvador on a new course. They also provided precedents and experiences that continue to inspire others who are striving to rebuild their societies following conflict. And they continue to be a point of reference for the United Nations, as we …

Teaching Notes: Rights And Rebuilding In El Salvador, Elaine K. Denny, Susan Waltz

Human Rights & Human Welfare

We have prepared this two-part case study with two pedagogical purposes in mind: (1) To develop an understanding of the concept (and political meaning) of human rights. (2) To facilitate discussion about processes of reconciliation and reconstruction and the importance of holistic conceptions of rights and security for future stability.

© Elaine K. Denny & Susan Waltz. All rights reserved.

This paper may be freely circulated in electronic or hard copy provided it is not modified in any way, the rights of the author not infringed, and the paper is not quoted or cited without express permission of the author. …

In Search Of An “Action Principle”, Patrick J. Glen

Human Rights & Human Welfare

In his seminal work on the history of scientific development, Thomas Kuhn described the structure of that development as revolutionary in nature, occurring at that point in time “in which an older paradigm is replaced in whole or in part by an incompatible one.” The impetus for this paradigm shift is malfunction—“scientific revolutions are inaugurated by a growing sense … that an existing paradigm has ceased to function adequately in the exploration of an aspect of nature to which that paradigm itself had previously led the way…. [T]he sense of malfunction that can lead to crisis is prerequisite to revolution.” …

January Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

“My compatriots' vote to ban minarets is fuelled by fear” by Tariq Ramadan. The Guardian. November 29, 2009.

Democracy And Flame-Fanning Populists: An Undesirable Yet Inevitable Combination, Richard Burchill

Human Rights & Human Welfare

Tariq Ramadan views the recent referendum in Switzerland inserting a ban against the building of minarets into the Swiss Constitution, as a vote against Muslims not only in Switzerland, but across Europe. Those of a more tolerant sensibility will of course agree with Ramadan on this issue and will easily criticize the Swiss for “getting it wrong” by voting in favor of this constitutional amendment. There is no question that a constitutional vote on what is essentially an issue of local planning permission is, as Ramadan describes it, a silly initiative. However, this is also the nature of democracy as …

Of Minarets, Headscarves, And Cartoons, Kurt Mills

Human Rights & Human Welfare

It is difficult not to agree with Tariq Ramadan. The fear of and discrimination against Muslims in Western societies since 9/11 is clear and worrying. The anti-Muslim populism he cites is real, although it may also be part of a broader anti-immigrant populism. The posters he describes are extremely disturbing, and reminiscent of World War II propaganda. They are an artifact of fear of the misunderstood “other.”

Minarets Vote Compromises Human Rights For Everyone, Anna Talbot

Human Rights & Human Welfare

Minarets, like church steeples, are a physical manifestation of religion. There is little doubt, then, that their recent banning in Switzerland following a referendum constitutes a breach of the right to freedom of religion, with respect to the right to manifest ones religion. This right is protected under a number of instruments, including the Universal Declaration of Human Rights (Article 18), the International Covenant on Civil and Political Rights (ICCPR) (Article 18), and the European Convention on Human Rights (Article 9). Under these instruments, the right to manifest ones religion can only be limited if such a limitation is necessary …